Title 43. Mechanics' and Certain Other Liens
Chapter 4. Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees
§ 43-32.1. Lien of keeper of livery stable, pasture, or boarding facility.
A. Any person that boards, pastures, or otherwise keeps any horse, cattle, or other animal pursuant to an agreement with the owner of such horse, cattle, or other animal shall have a possessory lien for the reasonable charges due for such horse, cattle, or other animal's care, feeding, and maintenance, provided that the lien meets the requirements set forth in subsection E.
B. The lienholder shall retain possession of the horse, cattle, or other animal pursuant to an agreement with the owner of such horse, cattle, or other animal for which such reasonable charges are due for a period not to exceed 30 days until one of the following occurs:
1. The charges are paid in full;
2. The owner and lienholder agree in writing to an extension; or
3. A court of competent jurisdiction orders otherwise.
If, after the expiration of the 30 days, no such action has occurred, the lienholder may proceed in accordance with the provisions of § 43-34, provided that the lien is otherwise enforceable under relevant law.
C. If the owner disputes the validity or amount of the lien, the owner may file a petition in the general district court of the jurisdiction in which the animal is boarded, pastured, or kept. The court shall hold a hearing within 10 business days to determine (i) whether the lien is valid, (ii) whether the charges are reasonable, and (iii) whether continued retention of the animal is appropriate.
D. If the court finds that the owner of the animal has substantially complied with his obligations and the lienholder has unreasonably withheld release of the animal, the court may (i) order immediate return of the animal to such owner; (ii) set conditions for partial payment of the charges due or the posting of a bond; or (iii) upon a determination that the lienholder imposed the lien in bad faith, award damages, including reasonable attorney fees and costs.
E. No lien shall be enforceable unless the lienholder, within 10 days of the effective date of the lien, delivers by certified mail to the owner of the animal written notice of the lien. Such written notice shall identify the animal and shall include the amount of charges due and a summary of services rendered.
2026, c. 753.
